When naming a POA and medical POA, must the designees sign the documents?

Is it possible to name a POA and secondary POA without their knowledge? It appears that the court records identify the two people but they claim they did not sign anything and did not agree to be named. Is that possible? Also, my daughter was named the medical POA without her agreeing or signing the paperwork. Is any of this legal?

Answers

Our agents had to sign an acceptance. Don't know if that's legally required, but why would you go to all the trouble of paying a lawyer to draw up documents appointing an agent unless you had already determined that the agent was willing to do it? It's a big responsibility!

FF over here, where it's much more centralised of course, you don't register the POA until it's about to come into force - then you have to, for it to be valid, and you have to notify anyone the principal has listed as a "person to be informed." It all takes about six weeks. Which is no joke if you're trying to get your mother into a nursing home, I dare say.

I am idly wondering whether this may be some kind of procedural oversight, a gap that's there because it would never cross the minds of legislators and regulators that anybody would give POA to a person without first seeking that person's agreement.

You want somebody to accept a considerable, if purely hypothetical, burden of responsibility on your behalf; and you don't *ask*?

I have a feeling some places don't both with registering POA's or Wills because some people change their POA/Wills on a regular basis.

It's like when my sig other gets upset with his grown children, he will make an appointment with his Elder Law Attorney to make changes to his Trust. There is the expense of the Attorney, and the expense of registering yet another document with the Court House if that was required.

I was with my Mom when she assigned me POA. No, I didn't sign anything. But, I think its a good idea. I also think that POAs and wills should be registered with the County like deeds. Hopefully the parents are still in right mind to change the POAs for those who don't want them.

In my State, when my Dad assigned me to be his Power of Attorney there was a page that I had to sign which read "Acceptance by Agent: The undersigned Agent hereby accepts the delegation of authority set out in this power of attorney."

I had to show my driver's license which was noted on the document, and that page needed to be Notarized.

In my County, POA's and Wills do not need to be recorded at the Court House.

I find it so interesting how States do things differently from other States.

No signatures of the persons named as agents are required in my state. That could lead to some very confused situations. Certainly it is always best to discuss these things with all the persons involved!

Most people would talk with the chosen person prior to the assignment. I suppose some do not. Legalities would depend on your state, they differ. I know I would certainly never name someone without talking with all of my children or my ex. The risk in doing this is the named person may refuse, then there would be an emergency guardian, if necessary in an emergency, appointed by the state until and if the confusion is corrected. What a dirty trick that would be to name someone and not have that discussion with them!

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